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k.to provide technical assistance to schools and LEAs, and direct services, including supplemental educational services as defined in section 1116(e) of the ESEA to students with disabilities, in schools or LEAs identified for improvement under section 1116 of the ESEA on the sole basis of the assessment results of the disaggregated subgroup of students with disabilities, including providing professional development to special and regular education teachers, who teach students with disabilities, based on scientifically based research to improve educational instruction, in order to improve academic achievement to meet or exceed the objectives established by the state under section 1111(b)(2)(G) of the ESEA.

C.Local Educational Agency High Cost Fund. For the purpose of assisting LEAs (including a charter school that is an LEA or a consortium of LEAs) in addressing the needs of high need students with disabilities, the state has the option to reserve for each fiscal year 10 percent of the amount of funds the state reserves for other state-level activities under Paragraph B.1 of this Section in accordance with 34 CFR 300.704(c).

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2084 (October 2008).

§705.Subgrants to LEAs

A.Subgrants Required. If the LDE receives a grant under section 611 of the IDEA for any fiscal year, it shall distribute any funds the LDE does not reserve under §704 to LEAs (including public charter schools that operate as LEAs) in the state that have established their eligibility under section 613 of the IDEA for use in accordance with part B of the IDEA.

B.Allocations to LEAs. For each fiscal year for which funds are allocated to the LDE under §703, the LDE shall allocate funds as follows:

1.Base Payments. The LDE first shall award each LEA described in Subsection A of this Section the amount the LEA would have received under section 611 of the IDEA for fiscal year 1999, if the state had distributed 75 percent of its grant for that year under section 611(d) of the IDEA, as that section was then in effect.
2.Base Payment Adjustments. For any fiscal year after 1999:
a.if a new LEA is created, the LDE shall divide the base allocation determined under Paragraph B.1 of this Section for the LEAs that would have been responsible for serving students with disabilities now being served by the new LEA, among the new LEA and affected LEAs based on the relative numbers of students with disabilities ages 3 through 21 currently provided special education by each of the LEAs:
b.if one or more LEAs are combined into a single new LEA, the LDE shall combine the base allocations of the merged LEAs; and
c.if, for two or more LEAs, geographic boundaries or administrative responsibility for providing services to students with disabilities ages 3 through 21 change, the base allocations of affected LEAs shall be redistributed among affected LEAs based on the relative numbers of students with disabilities ages 3 through 21 currently provided special education by each affected LEA.
3.Allocation of Remaining Funds. After making allocations under Paragraph B.1 of this Section, as adjusted by Paragraph B.2 of this Section, the LDE shall:
a.allocate 85 percent of any remaining funds to those LEAs on the basis of the relative numbers of students enrolled in public and private elementary schools and secondary schools within the LEA’s jurisdiction; and
b.allocate 15 percent of those remaining funds to those LEAs in accordance with their relative numbers of students living in poverty, as determined by the LDE.

C.Reallocation of Funds. If the LDE determines that an LEA is adequately providing FAPE to all students with disabilities residing in the area served by that agency with State and local funds, the LDE may reallocate any portion of the funds under these regulations that are not needed by that LEA to provide FAPE to other LEAs in the state that are not adequately providing special education and related services to all students with disabilities residing in the areas served by those other LEAs.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2085 (October 2008).

§706-716.Reserved.

§717.Definitions Applicable to Allotments, Grants, and Use of Funds

A.As used in this chapter:

1.State—the state of Louisiana; and
2.Average Per-Pupil Expenditure in Public Elementary Schools and Secondary Schools in the United States
a.without regard to the source of funds:
i.the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the determination is made (or, if satisfactory data for that year are not available, during the most recent preceding fiscal year for which satisfactory data are available) of all LEAs in the 50 States and the District of Columbia); plus
ii.any direct expenditures by the state for the operation of those agencies; divided by
iii.the aggregate number of students in average daily attendance to whom those agencies provided free public education during that preceding year.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2085 (October 2008).

§718.Acquisition of Equipment and Construction or Alteration of Facilities

A.General. If the secretary determines that a program authorized under part B of the IDEA will be improved by permitting program funds to be used to acquire appropriate equipment, or to construct new facilities or alter existing facilities, the secretary may allow the use of those funds for those purposes.

B.Compliance with Certain Regulations. Any construction of new facilities or alteration of existing facilities under Subsection A of this Section shall comply with the requirements of:

1.Appendix A of part 36 of title 28, Code of Federal Regulations (commonly known as the Americans with Disabilities Accessibility Standards for Buildings and Facilities); or

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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